TITLE INS. CO. v. COMERICA BANK — CALIFORNIA

Docket No. H011620.

27 Cal.App.4th 800 (1994)

32 Cal. Rptr.2d 735

TITLE INSURANCE COMPANY OF MINNESOTA, Plaintiff and Appellant, v. COMERICA BANK — CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Sixth District.

August 17, 1994.


Attorney(s) appearing for the Case

COUNSEL

Mount & Stoelker and James M. Ingram for Plaintiff and Appellant.

Ware & Freidenrich, Peter M. Rehon, Lisa C. Roberts and Shannon F. Fallon for Defendant and Respondent.


OPINION

MIHARA, J.

At issue in this appeal is the applicability and scope of the "impostor rule," which makes an indorsed check effective if the drawer was induced to issue the check by an impersonator of the payee. (Cal. U. Com. Code, § 3404, subd. (a); Cal. U. Com. Code, former § 3405, subd. (1)(a).) Plaintiff Title Insurance Company of Minnesota contends the trial court erroneously applied this rule in sustaining the...

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